Phoenix Wrong-Site Surgical Errors Attorney

Undergoing surgery requires a tremendous amount of trust. A surgical patient is in an extremely vulnerable position and must rely on their expectations that the surgeon and medical staff will apply the highest standard of care. But what happens when a patient awakens from the deep sleep of surgery only to learn that not only did the surgery fail to address the medical issue that put them on the operating table in the first place, but in fact, they’ve undergone a completely unnecessary surgery on a perfectly healthy body part, resulting in permanent harm?

If you’ve been injured in the Phoenix area by a surgeon who performed surgery on the wrong body part, you deserve justice. While nothing can undo the harm caused to your body, compensation for your damages can help ensure access to the best possible medical care and relieve financial burdens while you recuperate. The attorneys at Knapp & Roberts understand the impacts of life-changing medical malpractice cases, including wrong-site surgeries. Let our two decades of experience work for you so you can recover physically and financially from your damages.

What Are Wrong-Site Surgeries?

The USA’s Joint Commission on Accreditation of Healthcare Organizations (JCAHO) describes these occurrences as “Sentinel Events in Healthcare,” a term that means an unexpected occurrence resulting in serious physical or psychological harm or in death. Wrong-site surgeries include any surgical procedure performed on the wrong body site, the wrong side of the body, or on the wrong patient. 

Wrong-site surgery is a catastrophic form of medical malpractice and an act of negligence. In some cases, wrong-site surgery results in the following:

• The loss of perfectly healthy organs and other body parts.
• An unnecessary implant or implant on the wrong body part, such as the wrong hip or knee replacement
• Surgery on the wrong limb, such as a right arm or leg instead of the left
• Surgery on the wrong level of the spine
• Surgery on the wrong eye
• Biopsy of the wrong lung
• Surgical amputation of the wrong limb
• Undergoing a surgical procedure intended for another patient

Reporting wrong-site surgery to the Joint Commission is voluntary, so it’s likely that they occur more often than current statistics reveal.

What Are The Ramifications for Patients After Wrong-Site Surgery?

This type of medical malpractice has multiple negative consequences for patients who may lose a healthy body part, undergo dangerous surgery on a healthy body part, endure unnecessary wounds and scars, or in the worst instances, suffer the irreparable loss of a limb. On top of this unimaginable harm, these patients often have to suffer a second surgery to address the original issue that brought them to the hospital.

Wrong-site surgeries can have both short and long-term consequences for patients. Depending on the type of surgery performed, the ramifications could be unnecessary scarring, a second surgery, increased risk of infection, life-altering changes to body function, and even permanent disabilities.

These mistakes also cause economic and non-economic damages such as increased medical costs, lost time from work, and decreased future earning capacity as well as pain, suffering, and emotional anguish.

What Are the Most Common Surgeries to Result in Wrong-Site Surgical Errors?

According to the Patient Safety Network, wrong-side surgeries are the most common type of wrong-site surgery, comprising 59% of these errors, while 23% were wrong-site errors, 14% were wrong-procedure mistakes, and 5% were wrong-patient surgeries.

Wrong-site surgeries occur most often in orthopedic operations, such as operating on the wrong wrist, elbow, knee, shoulder, or hip. Neurological procedures related to the spine are the second most common type of wrong-site surgery, with procedures sometimes performed on the wrong discs or at the wrong level.

How Frequently Do Wrong Site Surgeries Occur?

Wrong-site surgery may be the most egregious and terrifying form of medical malpractice, but shockingly, these irreparable errors occur in an estimated 40 surgeries per week in hospitals and surgery centers throughout the United States. While one study estimated approximately one wrong-site surgery per every 112,000 surgical procedures, the estimate focused solely on those errors occurring in hospitals and did not include surgery centers, clinics, and other settings. In fact, Veteran’s Affairs (VA) data shows that only about half of surgical errors occur in hospitals while the other 50% happen outside of the operating room in surgical centers and other facilities. One explanation for the discrepancy is the fact that wrong-site surgeries occur in high-volume orthopedic procedures more than any other type of surgery. This type of error could be as common as 4.5 instances per every 10,000 surgeries.

What Damages Can You Collect From a Wrong-Site Surgery Claim in Arizona?

Because wrong-site surgery is the most serious medical error, it’s a form of medical malpractice. Victims are entitled to full compensation for damages such as the following:

• Medical expenses and future medical expenses for any required corrective procedures
• Lost wages and future lost income
• Lowered earning capacity in the case of disability resulting from wrong-site surgery
• Pain and suffering
• Emotional anguish
• Diminished quality of life

Compensation and damages awards for wrong-site surgery claims are among the highest. The experienced legal team at Knapp & Roberts of Phoenix can help you get the compensation and justice you deserve.

Statute of Limitations for Wrong-Site Surgery Claims in Phoenix

Arizona places a time limit on personal injury claims including a 2-year statute of limitations for wrong-site surgery claims. You must file your claim within two years of the date of the event, or within two years of your discovery of the event if some time passed while you were unaware of the mistake or its impacts.

What You Can Do If You Were a Victim of Wrong-Site Surgery

If you discover that a surgeon wrongly performed your surgery on the wrong site or performed another person’s scheduled surgery on you, you’ve been the victim of a serious form of medical malpractice and should do the following:

• Obtain a detailed copy of your medical records and all records of your surgery
• Ask the hospital for an accident report or incident report
• See a doctor who is not associated with the surgical unit that wrongly performed your surgery and undergo a complete medical evaluation. Ask for a detailed report including treatment recommendations and prognosis
• Keep a detailed journal of your pain, additional procedures, and related health problems
• Gather evidence of missed work days from your employer 
• Call the Phoenix wrong-site surgical error attorneys at Knapp & Roberts for an evaluation of your case.

Why Choose Knapp & Roberts for Your Phoenix Wrong-Site Surgery Case?

Our personal injury law firm has a strong record of success in navigating Arizona’s legal system for medical malpractice cases, including wrong-site surgeries. We will put our two decades of experience, strong community reputation, and resources to work to gather evidence of your injury, prove liability, and craft a compelling case for the maximum compensation for your damages with no out-of-pocket costs. We only get paid when you’re awarded compensation.

Contact a Phoenix surgical error attorney today so we can begin a winning strategy for your case.